All sorts of products, ranging from food to medicine to cosmetics, have labels associated with them. Such labels, especially those for packaged food, may contain a listing of the ingredients. Concerning the example of packaged food, this listing of ingredients is important for consumers with food hypersensitivities because it helps them determine whether a food is safe for them to eat.
In 2004, the Food Allergen Labeling and Consumer Protection Act (FALCPA) was passed in the United States of America (hereinafter referred to as simply “United States” or “U.S.”). This Act requires the presence of the eight major food allergens (milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans) in any packaged food to be declared on the ingredients list using a name that is recognizable to consumers. The FALCPA requirements only apply to foods and other products (pet foods and dietary supplements) regulated by the U. S. Food and Drug administration (FDA). However, the U.S. Department of Agriculture has adopted the FALCPA requirements for the foods which they regulate (meat products, poultry products and egg products). Also, the Tax and Trade Bureau (TTB) that regulates labeling of alcoholic beverages in the U.S. has adopted the FDA requirements. So in practice all packaged foods sold in the U.S. have to adhere to the FALCPA requirements.
While the ingredient list provides the ingredients of a packaged food, the food labeling law does not require that all ingredients need be listed if their presence does not have a function in the finished product. As a result, there may be consumers who react to a food allergen which is not one of the eight major food allergens (e.g., sesame seeds) that is not listed in the ingredients label since the food allergen does not have a function in the finished product.
Furthermore, some ingredients can be collectively labeled, such as spices, flavors and colors, which does not provide insight to the consumer. Collective terms may be used on ingredient lists if those components are not derived from the “big eight.” As a result, a food ingredient which can cause a reaction in food hypersensitive consumers that is not derived from the “big eight” may be in a food without being declared on the ingredients label.
Furthermore, the ingredient list may include a listing of an unfamiliar ingredient (e.g., tahini) that is derived from an allergic food source (e.g., sesame seeds), and as a result, the consumer may be unaware of the food allergen.
Additionally, an allergen which is not an ingredient of the product may nonetheless be present in the product as a result of the manufacturing process.
Unfortunately, producers of products are not inclined to list all of the ingredients or the manufacturing process in producing the product to assist the consumers in determining whether there is an allergen present in the product since they do not want to reveal any trade secrets.